35 U.S. Code § 132 - Notice of rejection; reexamination

(a)Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.

(b)The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section
41(h)(1).

The first paragraph of the corresponding section of existing statute is revised in language and amplified to incorporate present practice; the second paragraph of the existing statute is placed in section
135.

The last sentence relating to new matter is added but represents no departure from present practice.

Amendment by Pub. L. 112–29effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) ofPub. L. 112–29, set out as a note under section
2 of this title.

“(1) shall take effect on the date that is 6 months after the date of the enactment of this Act [Nov. 29, 1999], and shall apply to all applications filed under section
111(a) of title
35, United States Code, on or after June 8, 1995, and all applications complying with section
371 of title
35, United States Code, that resulted from international applications filed on or after June 8, 1995; and

“(2) do not apply to applications for design patents under chapter
16 of title
35, United States Code.”

Amendment by section
1000(a)(9) [title IV, § 4732(a)(10)(A)] of Pub. L. 106–113effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section
1 of this title.

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